We Accept: Family Law and Probate in Arkansas
Family law
Domestic relations can make or break us. It is difficult, for instance, to concentrate your the day job when your marriage is falling apart or when you worry about your child's well-being. You know in your heart that family is everything and when it's sanctity is threatened, you want to protect your most valuable assets, your loved ones.
Instead of taking chances and introducing even greater risk, you can comfortably rely on the qualified criminal defense law firm of Montgomery, Adams & Wyatt, PLC. They know the heart-wrenching decisions you face and the decisions you make today will impact you emotionally and financially in the future. They want to stand by your side and protect your rights to ensure you get the very best judgment for you and your family.
The firm handles the following family law issues:
Divorce
In order to file for divorce, either you or your spouse must be a resident of Arkansas for at least 60 days prior. A divorce may be granted on any of the following grounds:
|
|
Montgomery, Adams & Wyatt, PLC attorneys work with you to complete the necessary documentation for filing and represent your interests throughout the divorce proceeding.
Property division
Arkansas state law stipulates that all property acquired during the marriage is subject to equitable division. The court considers the length of the marriage and the following factors for each spouse:
|
|
The firm recommends you make a list of all your property, when you acquired it, and its estimated value . The more prepared you are, the more quickly the process can proceed.
Child custody and child visitation
In Arkansas, joint legal custody is encouraged whenever practical. In this arrangement, one parent has physical custody and the other, non-custodial parent, usually receives the standard visitation of every other weekend, alternating holidays, and an extended period during the summer.
Although many parents come to an agreement about custody and visitation, we stand ready to protect your rights when discussions do not result in agreement and it is up to the judge to decide. In Arkansas, custody is awarded based solely on the child’s welfare and best interests. The court encourages frequent and continuing contact by both parents. In ordering custody, it considers which parent is more likely to allow the child frequent and continuing contact with the non-custodial parent.
Child support
If you and your soon-to-be-ex spouse are unable to reach agreement about the amount of child support to be paid, the Arkansas State Child Support Guidelines are applied to ensure the amount of support the non-custodial parent pays is fair and equitable to both of you as well as in the child's best interest. If you are the non-custodial parent, you can expect to pay child support until your son or daughter turns 18 or graduates from high school, whichever occurs later.
Spousal support
The court awards alimony or spousal support based on the financial situation of the marriage partners, including the needs of one spouse and the ability of the other to pay. Usually, if spousal support is awarded at all, it is for a specific and short period of time. In Arkansas, if grounds for divorce is adultery, the claim for spousal support is denied.
Paternity
Paternity legally and socially acknowledges the relationship between a child and his or her father. Reasons for establishing paternity include:
|
The attorneys of Montgomery, Adams & Wyatt, PLC can help you determine and prove paternity and guide you through the process of DNA testing and validated affidavits. This becomes especially critical if one of the parents refuses to sign the Voluntary Acknowledgment of Paternity.
Post-divorce modification
At some point after the court orders your divorce, you may want to seek a modification. Perhaps your job requires you to move to a different city or state and visitation may need to change. Or perhaps you remarry. It is important to seek legal counsel to articulate and file for divorce modifications to prevent disagreement later on and to ensure the new order is followed.
Child support modification
An Arkansas child support order can be modified if there has been a substantial change in circumstances, such as a big increase or decrease in either parent's income, or the child reaches the legal age of majority and/or graduates from high school. While you and your ex might want to modify the original court judgment on your own, understand that modification of the order requires a legal process and court-approved documentation can alleviate the possibility of any disputes later.
Prenuptial agreements
If you have substantial assets and income and are considering marriage, you may benefit from a pre-marital agreement to protect your interests. Advantages to an agreement may include:
|
Montgomery, Adams & Wyatt, PLC can help you draft an effective prenuptial agreement that both protects your assets and fairly considers your future spouse. If your future spouse requests you sign a pre-nup, we can review it and counsel you on your rights and responsibilities before signature.
Probate
When you are dealing with the death of a loved one, the last thing on your mind might be probating his or her will. But without probate—the process of legally administering a deceased person's estate—beneficiaries may not be entitled to what is rightfully theirs. Probate validates the deceased's will and provides a process for paying debts and bills.
Why take the chance? The attorneys of Montgomery, Adams & Wyatt, PLC have in-depth knowledge of the probate and estate administration process so you can focus on coping with your loss.
The firm handles the following probate and estate planning issues:
Trusts
In a trust, one party known as the grantor transfers legal ownership of property to another party called the trustee. Setting up and administering a trust can be complex without seasoned legal guidance. Parents often state in their wills they want to set up a trust for their children, should the children be minors at the time of death.
Estates
Your property is known as your estate. Pre-planning for the distribution of your estate upon your death can save your loved ones time, money, and potentially additional emotional upset. You can take steps now to plan for your future and the distribution of your property by working with one of the firm's lawyers to articulate and legally document your decisions. Estate planning not only protects your wishes but can also minimize taxes.
After death, working through the court system, your estate is administered according to the plans you have put in place. Montgomery, Adams & Wyatt, PLC guides beneficiaries through the often confusing maze of forms and courts. They can also help resolve any disputes about the will.
Wills
A will protects your property and can be especially useful if you want to distribute your property to those other than your relatives. Without a will, Arkansas state law dictates the state will distribute your property to your immediate family.
Living wills
A living will allows you to legally stipulate the medical treatments you want and do not want administered should you become unable to make these decisions for yourself.
Guardianships
As part of your pre-planning process, you may also want to name a guardian for any minor children. This guardian would be granted legal authority to have physical custody of those children and the responsibility to care for them on a daily basis if you or your spouse are no longer able to do so.
Power of attorney
If you become incapacitated, you can grant someone you trust a power of attorney. That person is then granted the authority to make your financial decisions on your behalf.
Medical power of attorney
You can also decide to arrange for a power of attorney for health care. You can assign to a person you trust the authority to make your medical decisions in the event you become incapacitated to do so on your own.
Get experience on your side. Contact Montgomery, Adams & Wyatt, PLC today about your free consultation.
For your family law, domestic relations, and probate issues, Montgomery, Adams & Wyatt, PLC wants to stand by your side. With more than 70 years of combined experience, the firm's attorneys handle your case with compassion, integrity, and ethics. Just use the Quick Contact form or call the firm toll-free at 1-866-930-0416. When you have experience on your side, you are on your way to successful legal resolution.
